BILL NUMBER: SB 2203	CHAPTERED  09/27/00

	CHAPTER   733
	FILED WITH SECRETARY OF STATE   SEPTEMBER 27, 2000
	APPROVED BY GOVERNOR   SEPTEMBER 25, 2000
	PASSED THE SENATE   AUGUST 30, 2000
	PASSED THE ASSEMBLY   AUGUST 25, 2000
	AMENDED IN ASSEMBLY   JUNE 20, 2000

INTRODUCED BY   Committee on Environmental Quality (Senators Sher
(Chair), Alarcon, Alpert, Chesbro, Hayden, McPherson, O'Connell,
Solis, and Wright)

                        MARCH 30, 2000

   An act to amend Sections 100825, 100830, 100831, 100832, 100837,
100852, 100860, 100862, 100870, and 100872 of, and to add Section
100860.1 to, the  Health and Safety Code, relating to environmental
laboratories.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 2203, Committee on Environmental Quality.  Environmental
laboratories.
   (1) Existing law requires laboratories that perform analyses for
pesticide residues in food to obtain certification by the State
Department of Health Services and permits these laboratories to also
apply for accreditation under the National Environmental Laboratory
Accreditation Program (NELAP) if it chooses to meet standards adopted
by the National Environmental Laboratory Accreditation Conference
(NELAC) and become eligible for recognition by other states and
agencies that require or accept NELAP accreditation.
   This bill would permit these laboratories to apply for NELAP
accreditation in lieu of certification in certain circumstances.
   (2) Existing law requires the department to adopt regulations
governing the application criteria for acceptance and approval of
approved 3rd-party laboratory accrediting organizations (ATPLAOs) in
accordance with specified criteria.
   This bill would delete this requirement and instead would
authorize the department to contract with ATPLAOs in accordance with
the criteria developed by NELAC or other federal agencies .
   (3) Existing law requires a laboratory to pay a specified
certification fee to the department at the time of application and
annually thereafter.
   This bill would revise this fee schedule.
   (4) Existing law requires laboratories certified or applying for
certification in certain fields of testing relating to pesticides in
food to pay to the department a fee of $400 for the preparation and
handling of each proficiency testing sample set.
   This bill would instead require laboratories, commencing January
1, 2002, to pay a fee directly to the designated proficiency testing
provider for the costs of each proficiency testing sample set and the
proficiency testing study.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 100825 of the Health and Safety Code is amended
to read:
   100825.  (a) Laboratories that perform, for regulatory purposes,
analyses of drinking water, wastewater, air, hazardous wastes, and
contaminated soils or sediments, or any combination of these, shall
obtain a certificate pursuant to this article.  Laboratories that
perform analyses for pesticide residues in food pursuant to Section
110490 shall obtain a certificate pursuant to this article.  A
laboratory may apply for NELAP accreditation  in lieu of
certification under this article if it chooses to meet NELAC
standards for those fields of testing under Section 100862 that are
in common with the two programs.  Laboratories meeting the
requirements of NELAP accreditation pursuant to this article shall
become eligible for recognition by other states and agencies that
require or accept NELAP accreditation.
   (b) In any arrangement between laboratories that involves the
transfer of samples or portions of samples, the analyzing laboratory
shall be identified in all sample reports and shall be the laboratory
for purposes of certification or NELAP accreditation.
   (c) For the purposes of this article:
   (1) "Accreditation" means the recognition of a laboratory that is
approved by a NELAP approved accrediting authority to conduct
environmental analyses in those fields of testing specifically
designated in Section 100862.
   (2) "Approved third-party laboratory accreditation organization"
or "ATPLAO" means an organization which has been approved as a
contractor under NELAC standards to assess environmental
laboratories.
   (3) "Certificate" means a document issued to a laboratory that has
received certification or accreditation pursuant to this article.
   (4) "Certification" means the granting of approval by the
department to a laboratory that has met the standards and
requirements of this chapter and the regulations adopted thereunder.
Certification shall not include NELAP accreditation.
   (5) "Corrective action report" means a written document signed by
or on behalf of a person, entity, or laboratory which states the
corrective actions proposed by the person, entity, or laboratory to
correct the deficiencies or violations stated in a report of
deficiencies.
   (6) "Deficiency" means noncompliance with one or more of the
requirements of this article or any rule or regulation adopted
thereunder.
   (7) "ELAP" means the State Department of Health Services'
Environmental Laboratory Accreditation Program.
   (8) "Laboratory" means any facility or vehicle that is owned by a
person or persons, or by a public or private entity, and that is
equipped and operated to carry out analyses in any of the fields of
testing listed in Section 100860 or Section 100862.
   (9) "NELAC" means the National Environmental Laboratory
Accreditation Conference.
   (10) "NELAC standards" refer to the standards found in EPA
publication number 600/R-98/151, November 1998, and any subsequent
amendments.
   (11) "NELAP" means the National Environmental Laboratory
Accreditation Program established by NELAC.
   (12) "NELAP accredited laboratory" means a laboratory which has
met the standards of NELAP and has been accredited by a primary or
secondary NELAP recognized authority.
   (13) "NELAP approved accrediting authority" means a state agency
which is authorized by NELAC to accredit laboratories.
   (14) "NELAP recognized primary accrediting authority" means a
state agency which is responsible for the accreditation of
environmental laboratories within that state.
   (15) "NELAP recognized secondary accrediting authority" means a
state agency which is authorized by NELAP to accredit environmental
laboratories, within that state, which have been accredited by a
NELAP approved accrediting authority in another state.
   (16) "Performance based measurement system" or "PBMS" means
methods which are alternate analytical methods of demonstrated
adequacy of equivalence, as determined by the department, other state
agencies, or the United States government.
   (17) "Pesticide" means any substance that alone, in chemical
combination, or in any formulation with one or more substances, is an
"economic poison" within the meaning of Section 12753 of the Food
and Agricultural Code or a "pesticide" as defined in the Federal
Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. Sec. 136 et
seq.).
   (18) "Regulatory agency" means any federal, state, or local
governmental agency that utilizes environmental analyses performed by
a laboratory regulated under this section.
   (19) "Regulatory purposes" means the use of laboratory analysis
required by a regulatory governmental agency for determining
compliance with this section or Chapter 1 (commencing with Section
116275), Chapter 2 (commencing with Section 116300), and Chapter 3
(commencing with Section 116350) of Part 11 of Division 104, Chapter
6.5 (commencing with Section 25100) of, Chapter 6.7 (commencing with
Section 25280) of, and Chapter 6.8 (commencing with Section 25300)
of, Division 20, or Division 7 (commencing with Section 13000) of the
Water Code, or the regulations adopted under any of the provisions
set forth in this paragraph.
  SEC. 2.  Section 100830 of the Health and Safety Code is amended to
read:
   100830.  The department shall adopt regulations governing the
administration and enforcement of this article.  Regulations adopted
by the department under this article shall specify conditions for
recognizing on the basis of reciprocity the certification or NELAP
accreditation of laboratories located outside of the State of
California for activities regulated under this article by another
state or by an agency of the United States government.  Certification
by another jurisdiction may be recognized for purposes of this
article with regard to one or several program activities, including,
but not limited to, onsite inspections, the analysis of proficiency
testing samples, or the evaluation of personnel qualifications.
  SEC. 3.  Section 100831 of the Health and Safety Code is amended to
read:
   100831.  NELAP accreditation by another jurisdiction shall be
recognized, for purposes of this article, for the granting of
accreditation by reciprocity.
  SEC. 4.  Section 100832 of the Health and Safety Code is amended to
read:
   100832.  The department shall adopt or amend the regulations
relating to environmental laboratories as necessary to enable
California environmental laboratories to participate in the National
Environmental Laboratory Accreditation Program.
  SEC. 5.  Section 100837 of the Health and Safety Code is amended to
read:
   100837.  The department may contract with approved third-party
laboratory accreditation organizations in accordance with the
criteria developed by the National Environmental Laboratory
Accreditation Conference or other federal agencies.
  SEC. 6.  Section 100852 of the Health and Safety Code is amended to
read:
   100852.  (a) Notwithstanding any other provision of law, the
department may issue a certificate to the owner of a laboratory in a
field of testing or method adopted by the federal Environmental
Protection Agency pursuant to Part 136 of Title 40 of the Code of
Federal Regulations, as amended September 11, 1992, as published in
the Federal Register (57 FR 41830), or Part 141 of Title 40 of the
Code of Federal Regulations, as amended July 17, 1992, as published
in the Federal Register (57 FR 31776), and as subsequently amended
and published in the Federal Register.
   (b) As a NELAP approved accreditating authority, the department
shall accept performance based measurement system methods, when
mandated methods are indicated.  A fee, as specified in regulations
adopted by the department, may be charged for the review of each
performance based measurement system method.
   (c) Notwithstanding any other provision of law, the department
shall not be required to meet the requirements of Chapter 3.5
(commencing with Section 11340) of the Government Code in order to
issue a certificate pursuant to subdivision (a).
  SEC. 7.  Section 100860 of the Health and Safety Code is amended to
read:
   100860.  (a) At the time of application and annually thereafter,
from the date of the issuance of the certificate, a laboratory shall
pay an annual certification fee.  The fee shall consist of a basic
nonrefundable fee of eight hundred seventy-nine dollars ($879) and an
additional fee of three hundred ninety-six dollars ($396) for
certification in each of the following fields of testing for which
accreditation is sought: (1) microbiology of drinking water and
wastewater; (2) inorganic chemistry and physical properties of
drinking water excluding toxic chemical elements; (3) analysis of
toxic chemical elements in drinking water; (4) organic chemistry of
drinking water (measurement by gc/ms combination); (5) organic
chemistry of drinking water (excluding measurements by gc/ms
combination); (6) radiochemistry; (7) shellfish sanitation; (8)
aquatic toxicity bioassays; (9) physical properties testing of
hazardous waste; (10) inorganic chemistry and toxic chemical elements
of hazardous waste; (11) extraction tests of hazardous waste; (12)
organic chemistry of hazardous waste (measurement by gc/ms
combination); (13) organic chemistry of hazardous waste (excluding
measurements by gc/ms combination); (14) bulk asbestos analysis; (15)
substances regulated under the California Safe Drinking Water and
Toxic Enforcement Act and not included in other listed groups; (16)
wastewater inorganic chemistry, nutrients, and demand; (17) toxic
chemical elements in wastewater; (18) organic chemistry of wastewater
(measurements by gc/ms combination); (19) organic chemistry of
wastewater (excluding measurements by gc/ms combination); (20)
inorganic chemistry and toxic chemical elements of pesticide residues
in food; (21) organic chemistry of pesticide residues in food
(measurement by gc/ms combination); (22) organic chemistry of
pesticide residues in food (excluding measurement by gc/ms
combination); and (23) operation of a mobile laboratory in any one of
the above fields of testing in addition to activity in the same
field of testing in a certified stationary laboratory under the same
owner.
   Fees for certification in a specified field of testing may be
refunded if the department nullifies the application due to failure
by the laboratory to complete the application process in the time and
manner prescribed by regulation.
   (b) In addition to the payment of certification fees, laboratories
located outside the State of California shall reimburse the
department for travel and per diem necessary to perform onsite
inspections.
   (c) If reciprocity with another jurisdiction is established by
regulation as described in Section 100830, the regulations may
provide for the waiver of certification fees for program activities
considered equivalent.
   (d) Fees collected under this section shall be adjusted annually
as specified in Section 100425.  The adjustment shall be rounded to
the nearest whole dollar.  It is the intent of the Legislature that
the programs operated under this article be fully fee-supported.
   (e) State and local government-owned laboratories in California
established under Section 101150 or performing work only in a
reference capacity as a reference laboratory are exempt from the
payment of the fee prescribed under subdivision (a).
   (f) In addition to the payment of certification fees, laboratories
certified or applying for certification in fields of testing (20),
(21), or (22) under subdivision (a) shall pay the department a fee of
four hundred dollars ($400) for the preparation and handling of each
proficiency testing sample set.
   (g) For the purpose of this section, a reference laboratory is a
laboratory owned and operated by a governmental regulatory agency for
the principal purpose of analyzing samples referred by other
laboratories for confirmatory analysis.  Reference laboratories carry
out quality assurance functions for other laboratories and may carry
out unusual, highly specialized, and difficult analyses not
generally available through commercial laboratories, and a limited
number of routine analyses, for regulatory purposes only, and without
assessing per-sample fees for the services.
   (h)   This section shall remain in effect only until January 1,
2002, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2002, deletes or extends
that date.
  SEC. 8.  Section 100860.1 is added to the Health and Safety Code,
to read:
   100860.1.  (a) At the time of application and annually thereafter,
from the date of the issuance of the certificate, a laboratory shall
pay an ELAP certification fee.  This fee shall consist of a base or
administrative fee and a fee for each of the ELAP fields of testing
listed below for which the laboratory has requested ELAP
certification.  These fees shall be nonrefundable and adopted in
regulations, and shall be sufficient to allow the ELAP program to be
fully fee-supported.  The fields of testing for ELAP certification
and their code numbers are the following:
   (E101) Microbiology of drinking water.
   (E102) Inorganic chemistry of drinking water.
   (E103) Toxic chemical elements of drinking water.
   (E104) Volatile organic chemistry of drinking water.
   (E105) Semi-volatile organic chemistry of drinking water.
   (E106) Radiochemistry of drinking water.
   (E107) Microbiology of wastewater.
   (E108) Inorganic chemistry of wastewater.
   (E109) Toxic chemical elements of wastewater.
   (E110) Volatile organic chemistry of wastewater.
   (E111) Semi-volatile organic chemistry of wastewater.
   (E112) Radiochemistry of wastewater.
   (E113) Whole effluent toxicity of wastewater.
   (E114) Inorganic chemistry and toxic chemical elements of
hazardous waste.
   (E115) Extraction test of hazardous waste.
   (E116) Volatile organic chemistry of hazardous waste.
   (E117) Semi-volatile organic chemistry of hazardous waste.
   (E118) Radiochemistry of hazardous waste.
   (E119) Toxicity bioassay of hazardous waste.
   (E120) Physical properties of hazardous waste.
   (E121) Bulk asbestos analysis of hazardous waste.
   (E122) Microbiology of food.
   (E123) Inorganic chemistry and toxic chemical elements of
pesticide residues in food.
   (E124) Organic chemistry of pesticide residues in food
(measurements by MS techniques).
   (E125) Organic chemistry of pesticide residues in food (excluding
measurements by MS techniques).
   (E126) Microbiology of recreational water.
   (E127) Air quality monitoring.
   (E128) Shellfish sanitation.
   (b) In addition to the payment of ELAP certification fees,
laboratories located outside the State of California shall reimburse
the department for travel and per diem necessary to perform onsite
inspections.
   (c) If reciprocity with another jurisdiction is established by
regulation as described in Section 100830, the regulations may
provide for the waiver of certification fees for program activities
considered equivalent.
   (d) Fees collected under this section shall be adjusted annually
as specified in Section 100425.  The adjustment shall be rounded to
the nearest whole dollar.  It is the intent of the Legislature that
the programs operated under this article be fully fee-supported.
   (e) State and local government-owned laboratories in California
established under Section 101150 or performing work only in a
reference capacity as a reference laboratory are exempt from the
payment of the fee prescribed under subdivision (a).
   (f) In addition to the payment of certification fees, laboratories
certified or applying for certification in fields of testing for
pesticide residues in food shall pay a fee directly to the designated
proficiency testing provider for the cost of each proficiency
testing sample set.
   (g) In addition to the payment of certification fees, laboratories
certified or applying for certification shall pay directly to the
designated proficiency testing provider the cost of the proficiency
testing study.
   (h) For the purpose of this section, a reference laboratory is a
laboratory owned and operated by a governmental regulatory agency for
the principal purpose of analyzing samples referred by other
laboratories for confirmatory analysis.  Reference laboratories carry
out quality assurance functions for other laboratories and may carry
out unusual, highly specialized, and difficult analyses not
generally available through commercial laboratories, and a limited
number of routine analyses, for regulatory purposes only, and without
assessing per-sample fees for the services.
   (i) This section shall become operative January 1, 2002.
  SEC. 9.  Section 100862 of the Health and Safety Code is amended to
read:
   100862.  (a) At the time of application for NELAP accreditation
and annually thereafter, from the date of the issuance of the
accreditation, a laboratory shall pay a base fee and a fee for each
of the NELAP fields of testing listed below for which a laboratory
has requested NELAP accreditation.  The fees shall be nonrefundable
and set in regulations, and shall be sufficient to allow the NELAP
program to be fully fee supported.  The fields of testing for NELAP
accreditation and their code numbers are all of the following:
   (N101) Microbiology of drinking water.
   (N102) Inorganic chemistry of drinking water.
   (N103) Toxic chemical elements of drinking water.
   (N104) Volatile organic chemistry of drinking water.
   (N105) Semi-volatile organic chemistry of drinking water.
   (N106) Radiochemistry of drinking water.
   (N107) Microbiology of wastewater.
   (N108) Inorganic chemistry of wastewater.
   (N109) Toxic chemical elements of wastewater.
   (N110) Volatile organic chemistry of wastewater.
   (N111) Semi-volatile organic chemistry of wastewater.
   (N112) Radiochemistry of wastewater.
   (N113) Whole effluent toxicity of wastewater.
   (N114) Inorganic chemistry and toxic chemical elements of
hazardous waste.
   (N115) Extraction test of hazardous waste.
   (N116) Volatile organic chemistry of hazardous waste.
   (N117) Semi-volatile organic chemistry of hazardous waste.
   (N118) Radiochemistry of hazardous waste.
   (N119) Toxicity bioassay of hazardous waste.
   (N120) Physical properties of hazardous waste.
   (N121) Bulk asbestos analysis of hazardous waste.
   (b) Fees for NELAP accreditation shall be adjusted annually as
specified in Section 100425.
   (c) In addition to the payment of accreditation fees, laboratories
accredited or applying for accreditation shall pay directly to the
designated proficiency testing provider the cost of the proficiency
testing studies.
  SEC. 10.  Section 100870 of the Health and Safety Code is amended
to read:
   100870.  (a) Any laboratory that is certified or holds NELAP
accreditation or has applied for certification or NELAP accreditation
or for renewal of certification or NELAP accreditation under this
article, shall analyze proficiency testing samples.  The department
shall have the authority to contract with third parties for the
provision of proficiency testing samples.  The samples shall be
tested by the laboratory according to methods specifically approved
for this purpose by the United States government or the department,
or alternate methods of demonstrated adequacy or equivalence, as
determined by the department.  Proficiency testing sample sets shall
be provided, when available, not less than twice, nor more than four
times, a year to each certified laboratory that performs analyses of
food for pesticide residues.
   (b) The department may provide directly or indirectly proficiency
testing samples to a laboratory for the purpose of determining
compliance with this article with or without identifying the
department.
   (1) When the department identifies itself, all of the following
shall apply:
   (A) The results of the testing shall be submitted to the
department on forms provided by the department on or before the date
specified by the department, and shall be used in determining the
competency of the laboratory.
   (B) There shall be no charge to the department for the analysis.
   (2) When the department does not identify itself, the department
shall pay the price requested by the laboratory for the analyses.
   (c) If a certified or NELAP accredited laboratory submits
proficiency testing sample results generated by another laboratory as
its own, the certification or NELAP accreditation shall be
immediately revoked.
   (d) Laboratories shall obtain their proficiency testing samples
from proficiency testing sample providers that are acceptable to, or
are approved by, the federal government or the State Department of
Health Services.  Laboratories shall bear the cost of any proficiency
testing study fee charged for participation.  Each laboratory shall
authorize the proficiency testing providers to report the study
results directly to the accrediting authority and NELAP, as well as
to the laboratory.
  SEC. 11.  Section 100872 of the Health and Safety Code is amended
to read:
   100872.  (a) An ELAP certified laboratory shall successfully
analyze proficiency testing samples for those fields of testing for
which they are certified, not less than once a year, where
applicable.  Proficiency testing procedures shall be approved by the
United States government or by the department.
   (b) A NELAP accredited laboratory shall participate in, and meet
the success rate for, proficiency testing studies as required in the
NELAP standards.
   (c) The ELAP certified or NELAP accredited laboratory shall
discontinue the analyses of samples for the fields of testing or
subgroups which have been suspended for failure to comply with the
proficiency testing requirements in this section.
